Does maritime law cover my case if I was hurt when my vessel was docked?

Docked Shipped Where Many Injuries Have OccurredMaritime laws allow compensation for a worker’s medical bills, lost wages, living expenses, and out-of-pocket costs, but determining which law applies to your case can be a difficult process. Seamen, oil rig workers, and harbor employees could potentially be covered under different maritime statutes, each one with its own guidelines and benefit requirements—and these claims become even murkier if a worker has been injured on a docked vessel.

Dock Injury Compensation Under Maritime Law

Docks are bustling environments, filled with sailors, harbor workers, passengers, cargo containers, heavy equipment, and vehicles. Since they involve the constant movement of tons of cargo and hundreds of people, it is no wonder that docks and piers are the sites of many severe and fatal injuries for maritime workers.

Potential compensation for dockside injuries may depend on:

  • Role of the worker. A worker who is assigned to a specific vessel (or spends a significant portion of his or her time on the vessel) may be considered a Jones Act seamen, allowing a victim to collect maintenance and cure benefits.
  • Condition of the vessel. If a seaman or harbor worker is injured due to a dangerous condition on the ship, he or she may be able to make a claim for negligence on the part of the shipowner. A vessel may be deemed unseaworthy due to faulty machinery (such as cranes or lifts used for loading cargo), improper training, inadequate gangways, or any other condition that posed an unreasonably high risk of injury.
  • Nature of the work. Jones Act employees may be able to claim compensation if they were injured on the dock, but were performing an action in service of the vessel, such as unloading or refueling. Likewise, if a harbor worker had been invited aboard a docked ship and suffered a fall onboard, he or she may file a claim against the shipowner for negligence.

If you were injured on a docked vessel, our injury attorneys can determine who may be liable for your accident and what you are owed under the law. Call (800) 362-9329 today to speak with a maritime lawyer at Hofmann & Schweitzer or download your complimentary copy of Are You a Seaman Injured in a Maritime Accident? Know Your Rights today.

 

Paul T. Hofmann
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Focused on personal injury, with an emphasis on maritime, railroad and construction worker tort claims.